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Part I Basic Theory of Military Law |
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1 Basic Terms of Science of Military Law |
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3 | (40) |
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Section 1 Disciplinary Attribute of Science of Military Law |
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3 | (17) |
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I Attribution of Science of Military Law |
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3 | (5) |
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II Military Law Belongs to Public Law System |
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8 | (1) |
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III Categories of the Military Law Studies |
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9 | (3) |
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IV Relationship Between Military Law and Other Close-Related Disciplines |
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12 | (8) |
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Section 2 Evolution of Military Law |
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20 | (18) |
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I Emergence of the Science of Military Law |
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20 | (4) |
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II Development of the Science of Military Law |
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24 | (10) |
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III Patterns and Features of the Emergence and Development of the Science of Military Law |
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34 | (4) |
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Section 3 Significance of the Science of Military Law |
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38 | (3) |
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I Theoretical Significance of the Science of Military Law |
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38 | (1) |
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II Practical Significance of the Science of Military Law |
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39 | (2) |
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III To Strengthen the Studies on the Science of Military Law is the Objective Law and Successful Experience of the Legal System Theoretical Construction from Home and Abroad |
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41 | (1) |
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41 | (2) |
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2 Basic Theory of Military Law |
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43 | (66) |
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Section 1 Concept of Military Law |
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43 | (19) |
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43 | (2) |
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45 | (3) |
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III The Origin of the Term "Military Law" |
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48 | (3) |
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IV Concept of Military Law |
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51 | (2) |
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V Object of Adjustment of Military Law |
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53 | (2) |
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VI Features of Military Law |
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55 | (3) |
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VII Values of Military Law |
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58 | (2) |
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VIII Status Quo of Military Law in China |
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60 | (2) |
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Section 2 Phenomenon of Military Law |
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62 | (10) |
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62 | (4) |
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66 | (1) |
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III Military Legal Relations |
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67 | (4) |
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IV Military Legal Awareness |
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71 | (1) |
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Section 3 Culture of Military Law |
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72 | (12) |
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I Concept of Culture of Military Law |
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72 | (1) |
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II Features of China's Traditional Culture of Military Law |
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73 | (2) |
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III Status Quo of China's Culture of Military Law |
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75 | (2) |
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IV The Strategic Goal and Means of Realization of the Modernization of the Culture of Military Law in China |
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77 | (7) |
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Section 4 Military Legal System |
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84 | (21) |
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84 | (8) |
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II Source of Military Law |
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92 | (2) |
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III System of Military Law |
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94 | (5) |
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99 | (6) |
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105 | (4) |
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Part II Core Military Law |
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3 Legal Framework of Military Power |
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109 | (14) |
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I Military Legislative Power |
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109 | (3) |
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II Power of Appointment and Removal in Military |
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112 | (2) |
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1 The Power of Appointment and Removal of the Organs of State Power |
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112 | (1) |
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2 The Power of Appointment and Removal of the State Administrative Organs |
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113 | (1) |
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3 The Power of Appointment and Removal of the State Military Organs |
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113 | (1) |
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III Military Decision-Making Power |
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114 | (2) |
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1 Decision-Making Power of the Organs of State Power |
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115 | (1) |
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2 Decision-Making Power of the State Administrative Organs |
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115 | (1) |
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3 Decision-Making Power of the State Military Organs |
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116 | (1) |
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IV Military Supervision Power |
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116 | (2) |
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1 Supervision Power of the Organs of State Power |
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116 | (1) |
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2 The Supervision Power of the State Administrative Organ |
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117 | (1) |
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3 The Supervision Power of the State Military Organs |
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117 | (1) |
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V Military Administrative Power |
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118 | (2) |
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1 The Administrative Power of the State Administrative Organizations |
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118 | (1) |
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2 Administrative Power of the State Military Organs |
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118 | (2) |
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VI Nature of the Military Power of the CMC |
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120 | (3) |
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1 The CMC Is Subordinate to the Organ of Supreme Power in National Defense Leading Activities |
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120 | (1) |
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2 The Commanding Power of the CMC Chairman Is of the Function and Power of the Supreme Organ of State Power |
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121 | (1) |
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3 CMC Is Subordinate to the Supreme Organ of State Power as Well as to the Central Committee of Communist Party of China (CPC) |
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122 | (1) |
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123 | (4) |
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I Concept and Substantive Characteristics of Armed Forces |
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123 | (1) |
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II Position and Task of the Armed Forces in China |
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124 | (2) |
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III Objectives of Armed Forces Building |
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126 | (1) |
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5 Military Administrative Law |
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127 | (82) |
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Section 1 Outline of Military Administrative Law |
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127 | (6) |
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I Military Administration and Military Administrative Law |
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127 | (2) |
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II Legal Relations of Military Administration |
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129 | (1) |
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III Basic Principles of Military Administrative Law |
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130 | (1) |
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IV Structural System of Military Administrative Law |
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131 | (2) |
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Section 2 Main Content of Military Administrative Law |
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133 | (31) |
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I "Common Regulations" of the Armed Forces |
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133 | (9) |
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II Military Personnel Legal System |
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142 | (13) |
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III Legal System on Military Training, Equipment Management, and Logistics |
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155 | (5) |
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IV Legal System of Servicemen's Preferential Treatment |
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160 | (4) |
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Section 3 Military Administrative Violation and Military Administrative Litigation |
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164 | (43) |
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I Military Administrative Violation |
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164 | (18) |
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II Military Administration Justice |
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182 | (11) |
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III Military Administrative Litigation |
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193 | (14) |
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207 | (2) |
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209 | (44) |
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Section 1 Introduction to Military Criminal Law |
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209 | (12) |
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I The Concept of Military Criminal Law |
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209 | (9) |
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II The Emergence and Development of Military Criminal Law |
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218 | (2) |
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III Military Criminal Legal Liability |
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220 | (1) |
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Section 2 The Concept of Military Crime |
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221 | (8) |
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1 Military Crimes and Crimes Committed by Servicemen |
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223 | (1) |
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2 The Military Crime and Military Duty Crimes |
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224 | (1) |
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3 Military Crimes and Crimes Relating to Military |
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225 | (1) |
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4 The Military Crime and Violation of Military Discipline |
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226 | (3) |
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5 Military Crimes and Military Criminal Law in Wartime |
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229 | (1) |
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Section 3 Crimes of Violating Duty Committed by Servicemen |
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229 | (22) |
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I The Concept and Characteristics of Crimes of Violating Duty by Servicemen |
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230 | (3) |
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II The Criminal Responsibility of a Serviceman in Violation of the Duty Crime |
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233 | (2) |
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III The Types of Crimes Committed by Servicemen in Violation of Their Duties |
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235 | (16) |
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251 | (2) |
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253 | (82) |
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Section 1 Overview of Military Justice |
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253 | (11) |
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I The Concept of Military Justice |
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253 | (1) |
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II The Historical Development of Military Justice |
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253 | (3) |
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III The Principles of Military Justice |
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256 | (6) |
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IV The Task of Military Justice |
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262 | (2) |
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Section 2 The Main Content of Military Justice |
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264 | (19) |
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264 | (3) |
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II Military Procuratorial Work |
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267 | (9) |
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276 | (3) |
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IV The Principle and System of Military Justice |
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279 | (2) |
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V The Main Contents of the Military Trial |
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281 | (2) |
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Section 3 Military Criminal Procedure |
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283 | (10) |
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I The Concept and Characteristics of Military Criminal Procedure |
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284 | (2) |
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II The Origin of Military Criminal Procedure |
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286 | (4) |
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III Establishment of the System of Military Criminal Procedure Law |
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290 | (3) |
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Section 4 Legal System of Military Lawyers |
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293 | (38) |
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I The Historical Evolution of the Military Lawyer System in China |
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294 | (10) |
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II China's Military Lawyer System |
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304 | (16) |
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III Foreign Military Lawyer System |
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320 | (11) |
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331 | (4) |
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Part III The Law of National Defense |
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8 National Defense and the Law of National Defense |
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335 | (26) |
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Section 1 Basic Connotation of National Defense |
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335 | (11) |
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I The Origin of National Defense Concepts |
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335 | (2) |
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II The Fundamental Features of Modern National Defense |
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337 | (2) |
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III The Definition of National Defense |
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339 | (7) |
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Section 2 Characteristics and Functions of National Defense Law |
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346 | (8) |
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I The Main Characteristics of National Defense Law |
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346 | (3) |
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II Roles of National Defense Law |
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349 | (5) |
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Section 3 The Sources of National Defense Law |
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354 | (7) |
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I The Concepts Concerning Sources of National Defense Law |
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354 | (1) |
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II The Composition of Sources of China's National Defense Law |
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354 | (7) |
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9 National Defense Acts and Basic Principles of National Defense Law |
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361 | (26) |
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Section 1 Legal Relations of National Defense |
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361 | (7) |
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I Concepts and Characteristics of National Defense Legal Relations |
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361 | (1) |
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II The Composing Elements of National Defense Legal Relation |
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362 | (6) |
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Section 2 The Acts of National Defense |
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368 | (9) |
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I The Connotation and Characteristics of National Defense Acts |
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368 | (1) |
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II Classification of National Defense Acts |
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369 | (3) |
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III Influencing Factors of National Defense Acts |
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372 | (5) |
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Section 3 The Basic Principles of National Defense Activities |
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377 | (10) |
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I The Overview of the Basic Principles of National Defense Activities |
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377 | (4) |
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II The Basic Principles of China's National Defense Activities |
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381 | (6) |
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387 | (18) |
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I The Concept of Military Service Law |
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387 | (3) |
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1 Adjusted Objects of Military Service Law |
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388 | (1) |
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2 Military Service Law System |
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389 | (1) |
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3 Status and Functions of Military Service Law |
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389 | (1) |
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II China's Current Military Service System |
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390 | (10) |
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1 Characteristics of China's Military Service System |
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390 | (2) |
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2 Military Service Working Organs |
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392 | (1) |
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3 Requirements of Citizens for Military Service and Its Forms and Duration |
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393 | (5) |
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4 Conscription, Recruitment and Mobilization of Military Troops |
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398 | (2) |
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5 Rights and Obligations of Chinese Citizens in Military Service |
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400 | (1) |
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III Development Trend of Military Service System |
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400 | (5) |
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1 Carry Out Military Recruitment to Guarantee Army Professionalism |
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401 | (1) |
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2 Pay Attention to New Soldier Literacy and Enhance Troop Quality |
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401 | (1) |
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3 Adjust Service Duration and Enforce Long and Short-Term Mixed Military Service |
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402 | (1) |
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4 Strengthen Patriotic Education, and Enhance Civil Awareness of Military Service |
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402 | (1) |
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5 Using Information Technology to Improve Conscription and Recruitment Efficiency |
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403 | (2) |
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11 Legal Liability of National Defense |
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405 | (30) |
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Section 1 Legal Liability of National Defense: The Conception |
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405 | (3) |
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I Legal Liability of National Defense: The Meaning |
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405 | (1) |
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II Legal Liability of National Defense: The Characteristics |
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405 | (3) |
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Section 2 The Basis for the Determination of the Legal Responsibility of National Defense |
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408 | (1) |
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Section 3 Identification and Investigation of National Defense Legal Liability |
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409 | (1) |
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I Identification and Investigation of Civil Legal Liability of National Defense |
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409 | (4) |
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II Identification and Investigation of Administrative Legal Liability of National Defense |
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411 | (1) |
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III Identification and Investigation of Criminal Legal Liability of National Defense |
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412 | (1) |
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Section 4 Crimes Endangering Interests of National Defense |
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413 | (22) |
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I Definition and Characteristics of Crimes Endangering Interests of National Defense |
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414 | (1) |
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II Types of Crimes Endangering Interests of National Defense |
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415 | (4) |
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III Crimes of Endangering Material Basis of National Defense |
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419 | (4) |
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IV Crimes of Obstructing Administration Order of National Defense |
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423 | (4) |
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V Crimes of Endangering Armed Forces Building |
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427 | (8) |
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12 An Introduction to the Law of War |
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435 | (20) |
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Section 1 Basic Theories of the Law of War |
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435 | (8) |
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I The Historical Development of Ancient Law of War |
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436 | (4) |
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II The Development of Traditional and Modern Law of War |
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440 | (3) |
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Section 2 The Sources of the Law of War |
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443 | (3) |
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I The Concept of the Sources of the Law of War |
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443 | (1) |
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II The Sources of the Law of War |
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444 | (2) |
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Section 3 The Roles of the Law of War |
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446 | (8) |
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I The Positive Roles of the Law of War |
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446 | (5) |
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II The Limitation of the Role of the Law of War |
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451 | (3) |
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454 | (1) |
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13 The Basic Legal Principles and Rules of Military Operations in Wartime |
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455 | (24) |
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Section 1 The Basic Legal Principles of the Law of War |
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455 | (5) |
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I The Basic Principles of the Law of War |
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455 | (2) |
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II The General Principles of the Law of War |
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457 | (3) |
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Section 2 The Basic Principles of Military Operations in Wartime |
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460 | (12) |
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I The Inception and End of War |
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460 | (3) |
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II The Restrictions on the Means and Methods of Warfare |
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463 | (9) |
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Section 3 The Principles of Humanitarian Protection in War |
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472 | (5) |
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I The History of Humanitarian Protection in War |
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472 | (1) |
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II The Principles of Humanitarian Protection in Wars |
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473 | (4) |
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477 | (2) |
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14 Rules of the Laws of War |
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479 | (50) |
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Section 1 Laws of Land Warfare |
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479 | (14) |
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I Rules of Military Operations in Land Warfare |
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479 | (8) |
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II Rules on the Occupation and Management of the Enemy State's Territory |
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487 | (6) |
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Section 2 Laws of Naval Warfare |
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493 | (12) |
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I Development and Trend of Law of Naval Warfare |
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493 | (4) |
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II Main Content of Law of Naval Warfare |
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497 | (8) |
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Section 3 Laws of Air Warfare |
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505 | (11) |
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I Historical Development and Future Trends of Laws of Air Warfare |
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505 | (6) |
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511 | (5) |
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Section 4 Rules on Neutrality |
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516 | (11) |
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I Concept and Types of Neutrality |
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516 | (4) |
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II The Regime of Neutrality in Time of War |
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520 | (7) |
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527 | (2) |
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529 | (16) |
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Section 1 Introduction to the Crimes of War |
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529 | (2) |
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I Concept of the Crimes of War |
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529 | (1) |
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II The Types of the Crimes of War |
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530 | (1) |
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Section 2 Legal Liability of the Crimes of War |
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531 | (11) |
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I Two Forms of Punishments for the Crimes of War |
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531 | (3) |
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II International Practices of Punishing the Crimes of War |
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534 | (8) |
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542 | (3) |
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Part V International Military Law |
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16 Concept and Characteristics of International Military Law |
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545 | (4) |
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I Concept of International Military Law |
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545 | (2) |
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1 Objects Regulated by International Military Law |
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545 | (1) |
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2 Law of War and International Military Law |
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546 | (1) |
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II Basic Characteristics of International Military Law |
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547 | (1) |
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548 | (1) |
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17 Main Content of International Military Law |
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549 | (16) |
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I Collective Security Guarantee Regime Under the UN Charter |
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549 | (6) |
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1 Security Guarantee Regime Established by the League of Nations |
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549 | (1) |
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2 Collective Security Regime Under the UN Charter |
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550 | (1) |
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3 Some Major Legal Issues in the Contemporary Collective Security Regime |
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551 | (4) |
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555 | (7) |
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1 The Necessity of Disarmament |
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555 | (1) |
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2 Disarmament Is an Important Content of International Military Laws |
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556 | (1) |
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3 Major Legal Measures on Disarmament Adopted by the United Nations |
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557 | (1) |
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4 Content of United Nations Disarmament and International Disarmament Bodies and Institutions |
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558 | (2) |
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5 Content of Disarmament Treaties |
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560 | (2) |
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III UN Peace Keeping Operations System |
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562 | (3) |
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562 | (3) |
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18 China's Practice of International Military Law |
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565 | |
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I China's Legal Perspectives on International Collective Security Guarantee |
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565 | (1) |
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II China's Legal Practice on Disarmament |
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566 | (2) |
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1 China's Principles and Measures on Disarmament |
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566 | (1) |
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2 China's Practical Actions of Disarmament |
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567 | (1) |
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III China's Participation in the United Nations International Peacekeeping Operations |
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568 | |
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